Arnwine Obtains Favorable Ruling on Appeal

The Alabama Supreme Court has overturned a $550,000.00 default judgment after finding that the trial court exceeded its discretion in denying a motion to set aside a default judgment.  The case concerns a 2012 accident that occurred while a logging truck was backing into a residential driveway.  A complaint filed after the accident went unanswered due to an oversight by the insurance carrier.  Once the oversight was discovered, an answer was filed along with a motion to set aside the default judgment.  The trial court never ruled on the motion; thus, it was denied “by operation of law” (i.e., the motion was denied automatically as soon as 90 days had passed from the date it was filed).  In his filings with the trial court, Rob established that the defendant had valid defenses to the claims and that the failure to answer was simply a mistake.  On appeal, the Alabama Supreme Court relied on these filings in finding that the default judgment should have been set aside so that the case could be properly litigated.  Hilyer v. Fortier, No. 1140991 (January 6, 2017 Ala.).  Of note, this was actually the second time the case was before the Supreme Court.  In 2015, the Supreme Court ruled that a trial court cannot allow a properly-supported motion to set aside a default judgment to be denied by operation of law.  Hilyer v. Fortier, 176 So. 3d 809 (Ala. 2015).  Please contact Rob if you would like to discuss the Hilyer opinions or the procedure for setting aside default judgments in general.

News

56 Carr Allison Attorneys Recognized by Best Lawyers for 2027

56 of Carr Allison’s attorneys have been included in the 2027 edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch®! Three of our attorneys were named “2027 Lawyer of the Year” by Best Lawyers®. This award is presented to a single lawyer in each practice area and geographic region in […]

Zwilling to Present Webinar on Medicare Conditional Payment Claims in Liability and Workers’ Compensation Cases

Course Description: Understanding how and when Medicare Conditional Payment Claims arise is vital to correct claim handling and resolution.  When problems do occur, knowing how to address them quickly and effectively is key.  This webinar will include an overview of the law, including a discussion of interesting cases, as well […]

Kennedy Obtains Dismissal

Camille M. Kennedy of our Chattanooga (TN) office recently secured a complete defense victory in Gwinnett County (GA) in a food poisoning case against a national fast-food restaurant. The plaintiff alleged that French fries served by our client caused her illness and required medical treatment. After the close of the […]


US Law Network Inc EC Defense Network Professional Liability Attorney Network